Yale Law Journal
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Baseline framing in sentencing.
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The Unbounded Home: Property Values Beyond Property Lines.
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Romanticizing democracy, political fragmentation, and the decline of American government.
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The Politics of Decarceration: Prisoners of Politics: Breaking the Cycle of Mass Incarceration.
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The constitutionality of civil forfeiture.
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The new labor law.
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Peace through complementarity: solving the ex post problem in International Criminal Court prosecutions.
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Why civil Gideon won't fix family law.
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Changing the wind: notes toward a demosprudence of law and social movements.
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Word Crimes: Blasphemy, Culture, and Literature in Nineteenth-Century England.
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The classic rule of faith and credit.
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Gangs in the military.
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Solving the due process problem with military commissions.
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Undermining excessive privacy for police: citizen tape recording to check police officers' power.
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Earth in the Balance: Ecology and the Human Spirit.
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Reconceptualizing sexual harassment.
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The Critical Racialization of Parents' Rights.
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The responsibility to protect: the U.N. World Summit and the question of unilateralism.
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The jurisprudence of Justice Byron White.
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Withdrawing from international custom.
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The law and economics of reverse engineering.
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Tribal immunity and access for the disabled.
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Regulating opt-out: an economic theory of altering rules.
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Copyright protection in an opt-out world: implied license doctrine and news aggregators.
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Insider, outsider, Robert A. Burt.
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Parens patriae, the Class Action Fairness Act, and the path forward: the implications of Mississippi ex rel. Hood v. AU Optronics Corp.
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The meaning of imprisonment.
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The misguided renaissance of social choice.
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Constraint Through Independence.
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The priority of morality: The Emergency Constitution's blind spot.
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Shifting the burden in software licensing agreements.
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God's house, or the law's.
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Disparate Impact, Unified Law.
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Reducing inequality on the cheap: when legal rule design should incorporate equity as well as efficiency.
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Correspondence.
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Boris I. Bittker.
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The Great South Carolina Ku Klux Klan Trials: 1871-1872.
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Taking the Constitution Away from the Courts.
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In search of a new paradigm.
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The Strategies of Anticompetitive Common Ownership.
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Corporate control and idiosyncratic vision.
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Contra nemo iudex in sua causa: the limits of impartiality.
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Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses.
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Education, equality, and national citizenship.
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Lawyer: A Life of Counsel and Controversy.
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Securities regulation in the shadow of the antitrust laws: the case for a broad implied immunity doctrine.
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Sharing nicely: on shareable goods and the emergence of sharing as a modality of economic production.
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Prosecuting Corporate Crime when Firms Are Too Big to Jail: Investigation, Deterrence, and Judicial Review.
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A decision theory of statutory interpretation: legislative history by the rules.
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The Attorney General's Settlement Authority and the Separation of Powers.
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The sorcerer's apprentice: Sandoval, Chevron, and agency power to define private rights of action.
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The federalist dimension of regulatory takings jurisprudence.
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Inside the agency class action.
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The Rehnquist Court: Judicial Activism on the Right.
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Exploring the Domain of Accident Law: Taking the Facts Seriously.
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Freeing newsgathering from the reporter's privilege.
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Recoupment under Dodd-Frank: punishing financial executives and perpetuating "too big to fail".
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Contract, race, and freedom of labor in the constitutional law of 'involuntary servitude'.
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The president and immigration law.
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On the meaning of congressional silence: using federal common law to fill the gap in Congress's residual statute of limitations.
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The crime of political genocide: repairing the Genocide Convention's blind spot.
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Citizen Brown.
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How judges overrule: speech act theory and the doctrine of stare decisis.
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Cost-benefit analysis of financial regulation: case studies and implications.
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The Man by the Cellar Door.
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Stereotyping and difference: the future of sex discrimination law.
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The growth of litigation finance in DOJ whistleblower suits: implications and recommendations.
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Is there a future for future claimants?
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Equality of Opportunity and the Schoolhouse Gate.
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The uneasy case for the priority of secured claims in bankruptcy.
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Ideological imbalance and the peremptory challenge.
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The possibilities of comparative constitutional law.
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Democracy and debt.
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Strategic vagueness in contract design: the case of corporate acquisitions.
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Queer brinksmanship: citizenship and the Solomon wars.
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Sovereignty on our terms.
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Stare decisis and secret law: on precedent and publication in the Foreign Intelligence Surveillance Court.
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The new minimal cities.
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Parental initiative in the age of signal bleed.
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Horizontal Shareholding and Antitrust Policy.
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The president's budget as a source of agency policy control.
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Reconceptualizing the burden of proof.
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"Done in convention": the attestation clause and the Declaration of Independence.
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Reimagining finality in parallel patent proceedings.
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Constitutional moments and punctuated equilibria: a political scientist confronts Bruce Ackerman's We the People.
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Schools, race, and money.
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Heidegger and the theory of adjudication.
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Suspending the writ at Guantanamo: take III?
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'We the People': each and every one.
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Aurelius' Article III Revisionism: Reimagining Judicial Engagement with the Insular Cases and "The Law of the Territories".
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Virtual judgment proofing: a rejoinder.
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The Lessons of Lone Pine.
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A treasure not worth salvaging.
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Setting incorporationism straight: a reinterpretation of the Slaughter-House Cases.
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Agencies as litigation gatekeepers.
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Privacy rights and abortion outing: a proposal for using common-law torts to protect abortion patients and staff.
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United States v. Pho: reasons and reasonableness in post-Booker appellate review.
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Competition Wrongs.
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City unplanning.
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Multicultural Citizenship: A Liberal Theory of Minority Rights.
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When fathers' rights are mothers' duties: the failure of equal protection in Miller v. Albright.
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The Invention of Immigration Exceptionalism.
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Pluralism and distrust: how courts can support democracy by lowering the stakes of politics.
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Alex Bickel's law school and ours.
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Antitrust Enforcement Against Platform MFNs.
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An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act.
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When the people spoke, what did they say? the election of 1936 and the Ackerman thesis.
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Interpretation step zero: a limit on methodology as 'law'.
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Does Atlas Shrug? The Economic Consequences of Taxing the Rich.
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Gender and constitutional design.
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COVID-19's New Cosmopolitanism? Structural Considerations for the Proposed Pandemic Treaty.
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Tops, bottoms, and versatiles: what straight views of penetrative preferences could mean for sexuality claims under Price Waterhouse.
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Law is everywhere.
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Mothers in Law: Feminist Theory and the Legal Regulation of Motherhood.
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Common control and the delineation of the taxable entity.
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Certification as Sabotage: Lessons from Guantanamo Bay.
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The constitutional duty to supervise.
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Profits as commercial success.
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Let the money do the monitoring: how institutional investors can reduce agency costs in securities class actions.
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Bankruptcy-proof finance and the supply of liquidity.
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Williams-Yulee and the anomaly of campaign finance law.
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Text, history, and tradition: what the Seventh Amendment can teach us about the Second.
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Campus sexual assault adjudication and resistance to reform.
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Sexual Privacy.
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Unifying remedies: property rules, liability rules, and startling rules.
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Simple Rules for a Complex World.
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The concept of religion.
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Colombian cartel launches bid for Japanese firms.
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Bankruptcy as constitutional property: using statutory entitlement theory to abrogate state sovereign immunity.
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Administrative discretion gone awry: the reintroduction of the public charge exclusion for HIV-positive refugees and asylees.
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Cops and pleas: police officers' influence on plea bargaining.
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Myres Smith McDougal: a life of and about human dignity.
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A revolution at war with itself? Preserving employment preferences from Weber to Ricci.
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The right to die.
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The Separation-Of-Powers Counterrevolution.
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Tort law inside out.
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Voters Need to Know: Assessing the Legality of Redboxing in Federal Elections.
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City unplanning.
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Lottery winnings as capital gains.
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Editor's note: the constitution in times of emergency.
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The Antitrust Duty to Deal in the Age of Big Tech.
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Puerto Rico: The Trials of the Oldest Colony in the World.
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Ownership and Control: Rethinking Corporate Governance for the Twenty-First Century.
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"We Hold the Government to Its Word": How McGirt v. Oklahoma Revives Aboriginal Title.
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Protecting public rights in private arbitration.
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Cost-benefit analysis of financial regulation: case studies and implications.
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Insider trading and the dual role of information.
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Overlooking a Sixth Amendment framework.
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Constructing Countervailing Power: Law and Organizing in an Era of Political Inequality.
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Plessy Preserved: Agencies and the Effective Constitution.
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Judicial fact-finding and sentence enhancements in a world of guilty pleas.
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American Law in the Twentieth Century.
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The High Stakes of Low-Level Criminal Justice.
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Learned Hand: The Man and the Judge.
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Statutory Structure.
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Arbitration and Americanization: the paternalism of progressive procedural reform.
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Reorganization as a substitute for reform: the abolition of the INS.
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A license to abuse: the impact of conditional status on female immigrants.
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The anti-emergency Constitution.
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The judicial enforceability and legal effects of treaty reservations, understandings, and declarations.
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Tax expenditures as foreign aid.
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The boundaries of private property.
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The ideology of domination: barriers to client autonomy in legal ethics scholarship.
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Democratizing the FLSA Injunction: Toward a Systemic Remedy for Wage Theft.
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The federal judicial law clerk hiring problem and the modest March 1 solution.
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Government in opposition.
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Advertising and the public interest: legal protection of trade symbols.
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Intellectual property as property: delineating entitlements in information.
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Rights, camera, action: cyberspatial settings and the First Amendment.
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How much difference does the lawyer make? The effect of defense counsel on murder case outcomes.
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Religion in Politics: Constitutional and Moral Perspectives.
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Anonymity, autonomy, and accountability: challenges to the First Amendment in cyberspaces.
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Arming America: The Origins of a National Gun Culture.
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Eldred and Lochner: copyright term extension and intellectual property as constitutional property.
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To promote the general welfare: the republican imperative to enhance citizenship welfare rights.
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For Eugene Rostow.
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Targeting the twenty-first century outlaw.
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Expounding the Constitution.
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The President's completion power.
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In Memory of Joe Goldstein.
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The Twenty-Sixth Amendment enforcement power.
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Givings.
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John Doe subpoenas: toward a consistent legal standard.
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What's past is prologue: precedent in literature and law.
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Leaving FISA behind: the need to return to warrantless foreign intelligence surveillance.
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Gideon at Guantanamo: democratic and despotic detention.
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Competing Exclusionary Rules in Multistate Investigations: Resolving Conflicts of State Search-and-Seizure Law.
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What is tax discrimination?
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Judicial Bypass and Parental Rights After Dobbs.
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Price's progress: sex stereotyping and its potential for antidiscrimination law.
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Bounded institutions.
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Reinterpreting corporate inversions: Non-tax competitions and frictions.
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The uneasy case for wealth transfer taxation.
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Clearing the smoke from Philip Morris v. Williams: the past, present, and future of punitive damages.
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How to review state court determinations of state law antecedent to federal rights.
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Law and Truth.
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Freedom and federalism: the First Amendment's protection of legislative voting.
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Zoned Out: How Zoning Law Undermines Family Law's Functional Turn.
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The Claims of Official Reason: Administrative Guidance on Social Inclusion.
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Our imperial criminal procedure: problems in the extraterritorial application of U.S. Constitutional law.
